49ers say they were aware of 2013 investigation of ex-player Spillman

SANTA CLARA -- The 49ers today said they were aware that former safety C.J. Spillman was investigated by Santa Clara police when he was with the team last year “and that he was neither arrested nor charged” in the matter, which included sexual assault allegations from a local massage therapist.

Spillman, who currently is being investigated in a separate sexual assault in Texas, was accused of a similar crime in December when he was with the 49ers, which was first brought to light in a report in the N.Y. Daily News on Wednesday.

Spillman at the time “vehemently denied” the accusation, which came from a local massage therapist, and charges were never filed. The Santa Clara District Attorney's office on Wednesday said there was “insufficient evidence” to proceed with the case.

Said the 49ers in a statement: “The San Francisco 49ers are aware that the Santa Clara Police Department made contact with C.J. Spillman in December 2013 and that he was neither arrested nor charged.”

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Spillman was a reserve safety as well as the 49ers' top special teams performer on Dec. 17 when the incident allegedly took place. In the police report, obstained Thursday by The Bee, the female massage therapist said Spillman chased her around the massage table, pinned her to the ground and then tried to force her to perform oral sex. Spillman told police the two engaged in consensual fondling.

The 49ers released Spillman before the start of the regular season, and he was signed by the Cowboys. He has been accused of sexually assaulting a woman at the Cowboys team hotel in Grapevine, Texas on Sept. 20.

The Santa Clara District Attorney currently is dealing with two other cases involving 49ers defensive players, cornerback Chris Culliver and defensive end Ray McDonald. Culliver is facing one felony and two misdemeanors stemming from an alleged hit-and-run incident in March . The DA has yet to decide whether to charge McDonald after he was arrested on suspicion of domestic assault during a party at his home Aug. 31.